'What's Your Current Salary?' on H-1B: Salary History Bans, Public LCA Data and How to Answer
A recruiter can look up the wage your sponsor filed with the Department of Labor, but not your paycheck. Here is what is public, where the question is banned and what to say.
Short answer, as of November 1, 2026: if an interviewer asks "what is your current salary?" while you are on H-1B and trying to transfer, you can usually redirect to a target range for the new role instead of giving the number, and in many states and cities the employer is not allowed to ask at all. What a recruiter can look up is your sponsor's public Labor Condition Application (LCA) data from the Department of Labor: a wage figure or range for a job title and worksite, not your paycheck. The newest public file covers filings decided through June 30, 2026.
Status as of 2026-11-01. LCA disclosure data: published quarterly by DOL's Office of Foreign Labor Certification (OFLC); the latest LCA and PERM files cover FY2026 Q3 (through 2026-06-30). DOL's prevailing-wage rule (RIN 1205-AC30): proposed only (NPRM 2026-03-27), no final rule. Wage-weighted H-1B selection: in effect since 2026-02-27, for cap registrations only.
Can a new employer see your H-1B salary?
Not your exact pay. The Department of Labor publishes data from employers' Labor Condition Applications, including the employer, job title, worksite, prevailing wage and the wage rate, entered as one figure or a from-to range. No worker is named. A recruiter can still match a filing to your title and office, so assume the range for your role is visible.
Every H-1B petition needs a certified LCA (Form ETA-9035) before the I-129 goes to USCIS. OFLC releases those applications as spreadsheets on its performance data page, and the FY2026 Q3 LCA record layout says the file "contains administrative data from employers' Labor Condition Applications (Form ETA-9035), as provided by the employer or representative." Its fields include EMPLOYER_NAME, JOB_TITLE, the worksite, WAGE_RATE_OF_PAY_FROM and WAGE_RATE_OF_PAY_TO, PREVAILING_WAGE and, when the employer used OES data, PW_WAGE_LEVEL (I to IV). No field holds the worker's name.
That spreadsheet is the usual source for third-party "H-1B salary database" sites; our guide to searching the H-1B salary database by employer covers the lookup. This post is about what to do when the person across the table has already done it.
What a recruiter can and cannot see about your H-1B pay (as of 2026-11)
| Source | Who can see it | What it shows | What it does not show |
|---|---|---|---|
| DOL OFLC LCA disclosure file (quarterly; latest FY2026 Q3) | Anyone, as a download | Employer, job title, SOC code, worksite, wage from-to, prevailing wage, wage level if OES was used, number of positions, dates | Worker names; where you sit in the range; raises, bonuses or equity after filing |
| Third-party H-1B salary sites | Anyone | The same DOL data, searchable | Anything DOL does not publish; can lag or mislabel |
| LCA public access file (20 CFR 655.760) | Anyone who visits; open for "public examination" at the employer's principal US place of business or the worksite | The certified LCA and "documentation which provides the wage rate to be paid the H-1B nonimmigrant" | Payroll records, which the rule says are not required in the file |
| Worker notice (20 CFR 655.734) | Employees at the worksite, by posting or electronically, for a total of 10 days | Number of H-1B workers sought, occupation, wages offered, period, location | Who was hired |
| USCIS H-1B Employer Data Hub | Anyone | Employer-level counts of first decisions on initial and continuing petitions (FY2009 through FY2026 Q4, per the Hub) | Any wage or name |
| Your I-129, I-797, W-2 and pay stubs | Not public | Your actual pay and status history | Shared when you or your employer provide them |
The public access file is the one place a stranger could see the wage rate set for the H-1B worker, but it is kept at your current employer's main office or worksite, not online, and reflects the rate at filing. A recruiter elsewhere is far more likely to be reading the DOL spreadsheet.
Does the LCA show your exact pay?
No. An LCA is filed for a position at a worksite, not for a person. The record layout labels the wage fields "Wage paid to nonimmigrant workers at the First Worksite Location," and an employer can enter a single figure or a from-to range.
Three details explain why the number a recruiter finds is rarely your salary:
- One LCA can cover several people. The file has a
TOTAL_WORKER_POSITIONSfield. DOL's FY2026 Q3 selected statistics count 426,659 LCA applications received and 830,710 positions certified. Those are different measures, but positions outnumber applications almost two to one, so filings on average request more than one position (our arithmetic). - It sets a floor, not a figure. Under 20 CFR 655.731, "the wage shall be the greater of the actual wage rate ... or the prevailing wage." The LCA shows roughly where your floor sits, not where above it you landed.
- It is frozen at filing. A raise, bonus or equity grant after filing does not change that record; only a later LCA, such as one for an extension or amendment, would carry a new figure. The FY2026 Q3 file covers determinations issued from October 1, 2025 through June 30, 2026, so anything decided after that is not public yet.
Two smaller points. If the prevailing wage came from a DOL determination or a private survey rather than OES data, PW_WAGE_LEVEL can read N/A, so a missing level tells a recruiter little. And a move leaves its own trace: the layout's CHANGE_EMPLOYER field counts workers who "will begin employment for new employer, using the same classification currently held," and any new LCA your next employer files will show up in a later quarterly file once DOL decides it.
Is it legal to ask your current salary in your state?
It depends on where the job is. Many states and cities bar employers from asking applicants about pay history, some bans cover only public employers, and some places have no rule.
HR Dive keeps a running list of salary-history bans (updated April 28, 2026). Our grouping of its entries:
| Coverage, according to HR Dive's list (as of its 2026-04-28 update) | Jurisdictions |
|---|---|
| Statewide, all or most employers (19 states, our count) | Alabama, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia (listed from July 1, 2026), Washington |
| Other jurisdiction-wide, private employers | District of Columbia (from June 30, 2024), Puerto Rico |
| Local bans reaching private employers | San Francisco; New York City; Albany, Suffolk and Westchester counties (NY); Philadelphia and Lehigh County (PA); Kansas City (MO); Cincinnati, Cleveland, Columbus and Toledo (OH) |
| State agencies only | Michigan, North Carolina, Pennsylvania |
| State law bars local bans | Michigan, Wisconsin |
The laws differ in what they forbid (asking, relying on the answer, or both), in employer-size thresholds and in whom they cover. Treat a news list as a map, not as the law, and confirm the rule for the job's location with the state or city labor agency.
California shows how these laws work. The Labor Commissioner's Equal Pay Act and Pay Transparency FAQ says an employer "cannot, orally or in writing, personally or through an agent, seek salary history information." Three other points in that FAQ matter to an H-1B candidate:
- You can still volunteer it, and that changes things. The law does not stop an applicant from "voluntarily and without prompting disclosing salary history information," and the FAQ says the employer may then consider it when setting pay.
- There is a public-records exception. The ban does not cover "salary history information disclosable to the public under federal or state law," including the federal Freedom of Information Act. LCA data is federally published, so a recruiter reading it is arguably in a different position from one asking you (our reading). Whether a position-level LCA range counts as your salary history is not settled in any source we found; that is a question for an employment attorney.
- You can ask for the range. Employers with 15 or more employees must put the pay scale in job postings, and "upon reasonable request, an employer must provide an applicant for employment the pay scale."
Should you share your current salary when transferring H-1B?
Usually not in the interview. Where no ban applies an employer may ask, but you can still decline and give a target range, which keeps the conversation on the new job. The exception is paperwork: after an offer, the new employer's immigration attorney commonly asks for recent pay stubs to show you maintained H-1B status, and that request needs a full, accurate answer.
A quick decision checklist:
| Your situation | A reasonable approach |
|---|---|
| The job is in a place with a salary-history ban | Decline politely and give your target range; volunteering the number may let them use it (in California it does) |
| Your current pay is well below the new role's market (say, you started at Level I on a cap petition) | Redirect to the target range; your old number is an anchor you do not need |
| The recruiter quotes your employer's LCA range | Acknowledge it as a range for a position, then give your target |
| Your current pay is at or above the new role's market | Sharing does little harm, but a range still keeps the focus forward |
| Immigration counsel asks after an offer | Provide the documents; this is for the petition, not the pay discussion. You can ask counsel who on the hiring side will see them |
Our H-1B transfer documents checklist lists what counsel typically wants, including your I-797 approvals, latest I-94 and recent pay stubs. An interview figure that does not match those pay stubs creates a credibility problem, so never misstate your pay.
How to answer "what is your current salary?" on H-1B
Lead with the target, tie it to the role, and end with a question. Treat the prevailing wage for the new job and worksite as your floor, not your target, and build the range from market research; our guide to answering the salary expectations question on OPT or H-1B covers building and defending it.
The redirect. "I'd rather focus on what this role pays. Based on the scope we've discussed and market data for this job in [city], I'm targeting [low] to [high] in base salary. Is that in your budgeted range?"
Where a ban applies. "I'd prefer not to share my pay history, so I'll give you my target instead: [low] to [high]."
When they quote the LCA. "Those filings show a range for a position and worksite, often for several people, so they aren't my pay. For this role, my target is [low] to [high]."
When they say it's for the H-1B. "Happy to give your immigration counsel everything they need for the petition, including pay stubs, at the offer stage. For compensation, my target is [low] to [high]."
If they also ask why you are leaving, keep that answer separate; see how to explain leaving your H-1B sponsor in an interview.
Will a new H-1B need a higher wage level?
No rule requires a transfer to sit at a higher wage level than your current job. The new employer needs a certified LCA for the new role and worksite, sets the level from that job's duties and requirements, and must pay at least the greater of the actual and prevailing wage there. Moving cities can move the floor either way; our breakdown of DOL prevailing wage levels I to IV explains how the level is chosen.
- Wage-weighted selection: in effect, for cap registrations only. The weighted selection rule has applied since 2026-02-27 to those "seeking to file cap-subject H-1B" petitions. If you were already counted against the cap, a transfer generally does not go back through the lottery; confirm with the attorney, and see whether wage weighting affects current H-1B holders.
- Higher wage levels: proposed only. DOL's prevailing-wage NPRM (RIN 1205-AC30, published 2026-03-27) would raise Level I from the 17th to the 34th percentile, Level II to the 52nd, Level III to the 70th and Level IV from the 67th to the 88th. As of 2026-11-01 there is no final rule and none is at OIRA; current levels apply to LCAs filed today.
Before the interview: a seven-step prep routine
- Download the latest LCA disclosure file (FY2026 Q3 as of 2026-11-01) from DOL OFLC's performance data page.
- Filter by your employer's legal name in
EMPLOYER_NAME(a brand may sit inTRADE_NAME_DBA), then by job title and worksite city. - Note the wage from-to, prevailing wage and wage level on filings matching your role, so you know what a recruiter could find.
- Look up the prevailing wage for the target job and city in the OFLC Wage Search, linked from DOL's prevailing wage resources page.
- Check the job posting for a pay range, and ask for the pay scale where state law requires one on request.
- Confirm on the state labor department's site whether the job's state or city bans salary-history questions.
- Write your target range and one redirect sentence, and gather your I-797, I-94 and recent pay stubs for counsel.
A worked timeline: the recruiter who already looked you up
Say DOL certified your employer's extension LCA for your role in February 2026, and you have a recruiter screen on 2026-11-04 for a job in New York City.
- February 2026. The LCA is certified inside the FY2026 reporting period (October 1, 2025 to June 30, 2026), so it is in the FY2026 Q3 public file.
- Summer 2026. You get a raise. Nothing public changes.
- 2026-11-04. The recruiter says, "I see your company files this role at [range]. Where are you in that?" New York State and New York City both appear on HR Dive's list, so you use the "where a ban applies" script, then the LCA script if pressed.
- The offer. The new employer's LCA for the role reaches a later quarterly file once DOL decides it. Counsel collects your pay stubs for the I-129.
Common misconception, then correction. "Recruiters can look up exactly what I make on H-1B." They cannot. Public LCA data shows what an employer said it would pay for a position at a worksite, sometimes as a range or for several workers, frozen at filing: the floor and the band, not your paycheck, raise or bonus.
Common mistakes
- Reading the top (or bottom) of the LCA range as your salary. You are letting a position-level filing set your anchor.
- Searching by brand name only.
EMPLOYER_NAMEholds the legal business name, so a brand search can miss filings. - Assuming the FY2026 data is complete. As of 2026-11-01 the public file stops at June 30, 2026.
- Volunteering your pay where a ban applies. In California, the employer may then consider it.
- Treating counsel's pay-stub request as a negotiation question. It supports your petition, and the stubs will expose any figure you misstated earlier.
- Assuming every ban covers your situation. Laws differ in which employers and locations they reach, and remote roles raise questions for an employment lawyer.
Who should you ask?
Whether a salary question is lawful where the job is: the state labor department or an employment attorney. The new LCA, wage level and petition timing: the new employer's immigration attorney, or your own licensed immigration attorney. On STEM OPT and changing employers: your DSO, who handles the new Form I-983. Mid-year withholding after a job change: a tax professional.
Frequently asked questions
Can a new employer see my H-1B salary?
Not your exact pay. DOL publishes data from employers' Labor Condition Applications showing the employer, job title, worksite, prevailing wage and the wage rate, as one figure or a from-to range, with no worker named. As of 2026-11-01 the latest file covers determinations through June 30, 2026 (FY2026 Q3), and a recruiter can match a filing to your title and office.
Is it legal to ask my current salary in my state?
It depends on where the job is. According to HR Dive's running list (updated April 28, 2026), 19 states plus D.C. and Puerto Rico have bans reaching private employers, including California, Illinois, Massachusetts, New Jersey, New York and Washington, plus cities such as New York City and Philadelphia. Confirm the rule for the job's location with the state labor department or an employment attorney.
Does the LCA show my exact pay?
No. An LCA is filed for a position at a worksite, not a named person, and one LCA can cover several workers. It shows a wage figure or range and the prevailing wage. Under 20 CFR 655.731 you must be paid at least the greater of the actual and prevailing wage, and a raise after filing does not change the published record.
Should I share my current salary when transferring H-1B?
In most interviews you can redirect to a target range for the new role, and where a salary-history ban applies the employer generally may not ask. After an offer, the new employer's immigration attorney commonly asks for recent pay stubs to show you maintained H-1B status, and that request needs a full, accurate answer.
Will a new H-1B need a higher wage level?
No rule requires a transfer to sit at a higher wage level than your current job. The new employer needs a certified LCA for the new role and worksite and must pay at least the greater of the actual and prevailing wage there. DOL's proposal to raise the wage percentile behind each level (RIN 1205-AC30, NPRM 2026-03-27) is still only proposed as of 2026-11-01.
Sources
- DOL OFLC, Performance Data and disclosure files and the FY2026 Q3 LCA record layout
- DOL, Prevailing Wage Information and Resources
- 20 CFR 655.731, 655.734 and 655.760
- USCIS, H-1B Employer Data Hub
- Federal Register, weighted selection final rule and DOL prevailing-wage NPRM
- California Labor Commissioner, Equal Pay Act and Pay Transparency FAQ
- HR Dive, running list of salary-history bans (updated April 28, 2026)
How we checked this: we read DOL's OFLC data page and FY2026 Q3 LCA record layout, the cited regulations, the USCIS and Federal Register pages, the California Labor Commissioner's FAQ and HR Dive's list on 2026-11-01. This is general information, not legal or tax advice; your own offer documents and approval notice, and your attorney or DSO, govern your situation.
If you are weighing an H-1B transfer and want help finding employers that hire transfer candidates and preparing for the pay conversation, F1Jobs can talk it through with you.
Frequently asked questions
Can a new employer see my H-1B salary?
Not your exact pay. DOL publishes data from employers' Labor Condition Applications showing the employer, job title, worksite, prevailing wage and the wage rate, as one figure or a from-to range, with no worker named. As of 2026-11-01 the latest file covers determinations through June 30, 2026 (FY2026 Q3), and a recruiter can match a filing to your title and office.
Is it legal to ask my current salary in my state?
It depends on where the job is. According to HR Dive's running list (updated April 28, 2026), 19 states plus D.C. and Puerto Rico have bans reaching private employers, including California, Illinois, Massachusetts, New Jersey, New York and Washington, plus cities such as New York City and Philadelphia. Confirm the rule for the job's location with the state labor department or an employment attorney.
Does the LCA show my exact pay?
No. An LCA is filed for a position at a worksite, not a named person, and one LCA can cover several workers. It shows a wage figure or range and the prevailing wage. Under 20 CFR 655.731 you must be paid at least the greater of the actual and prevailing wage, and a raise after filing does not change the published record.
Should I share my current salary when transferring H-1B?
In most interviews you can redirect to a target range for the new role, and where a salary-history ban applies the employer generally may not ask. After an offer, the new employer's immigration attorney commonly asks for recent pay stubs to show you maintained H-1B status, and that request needs a full, accurate answer.
Will a new H-1B need a higher wage level?
No rule requires a transfer to sit at a higher wage level than your current job. The new employer needs a certified LCA for the new role and worksite and must pay at least the greater of the actual and prevailing wage there. DOL's proposal to raise the wage percentile behind each level (RIN 1205-AC30, NPRM 2026-03-27) is still only proposed as of 2026-11-01.